Thank you for the opportunity to offer comments on the Proposed Rule Number 33-601.820 on Maximum Management.  I am Patricia Chivers, Associate for Social Concerns for the Florida Catholic Conference. I speak on behalf of the Catholic community in Florida with priests, deacons, pastoral ministers, religious sisters and lay volunteers who minister to inmates in Florida's prisons.  We would be greatly affected by this rule change.

   Let me begin by assuring you that the Bishops of Florida have as their utmost concern the safety and security of the correctional officers and employees.  We fully support the work of the Department of Corrections and your efforts to ensure the safety of prison staff against assaults and attacks by inmates.  We do not question discipline against any inmate guilty of an infraction of rules while incarcerated.

   In this proposed rule, we strongly oppose the exclusion of spiritual ministers, such as Catholic priests, from visiting inmates in Maximum Management.  In section (4) "Conditions of Placement in Maximum Management," part (a) states: Any inmate initially placed into Maximum Management will be provided the following: (8) notes "Visits with attorney or emergency visits as approved by the warden."   We request that the spiritual minister of the inmate's choice be allowed to visit just as they are now.

   And in section (12), "Other Conditions of Confinement," part (a) states: "Religious services shall be delivered by institutional chaplaincy staff only." If section 12 went into effect, a Catholic inmate would be denied the Sacrament of Confession that can only be administered by Catholic priests, and the Sacrament of Holy Communion, which can only be distributed by priests, deacons, religious sisters, and commissioned pastoral ministers or Eucharistic ministers.

   Of course, this is not just a Catholic concern. If the inmate is of the Muslim, Jewish, or of a particular Protestant faith, spiritual advisors of their faith with their unique religious customs should serve their spiritual needs. Limiting religious services to only the institutional chaplain is the establishment of one religion. The Florida Catholic Conference objects to this proposal. We strongly recommend instead, that the spiritual advisor of the inmate's faith be permitted to minister to those individuals in this placement.

   The record needs to be clear today what is meant by section (1) and (2) describing and defining Maximum Management. We have been informed that expanded metal screening is in the process of being installed on death row at Union Correctional Institute. This is of grave concern for us. We ask for clarification in section (1) of this proposed rule which is the General statement of what Maximum Management is and in section (2)( c) which is the Definition of Maximum Management. If this proposed rule were to be implemented, would it include all death row inmates?

   If so, this proposed rule is overly punitive and unnecessary. To further punish inmates who have not committed recent infractions is unduly harsh.

   Another area needing an explanation is in section (2). Please explain the Definition under (d) "Maximum Management Cell." Does the reference to a solid door external to the grille mean a separate door for each cell? Or does this refer to the solid door on the catwalk? This section leads us to think that Maximum Management is meant to include all of death row.

   We also ask for clarification in section (3) where the Placement Criteria is vague. The term "Current" must be clearly defined so that the inmate's conviction, which placed him on death row, is not included in the criteria for placement in Maximum Management. Please add language that will clarify that "Current incident" refers to an occurrence that happened after his time in prison began and within a reasonable time period.

   Placing inmates in cages isolates them beyond what is necessary to restrain them and can create the feeling of claustrophobia and other psychological problems that could escalate the tensions on death row. To add the expanded metal screening with the extreme summer heat is likely to aggravate the problems that the Department of Corrections is attempting to prevent.

   The idea that this is a security measure must be weighed against the psychological impact on inmates and their mental disintegration. Please reconsider taking this extreme action against prisoners who are obeying the Department rules and reserve Maximum Management for occasions when an inmate is an extreme security risk.

   Thank you.